The proposal was presented to the Supreme Court on Tuesday. The bench, comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, was informed by senior advocate Sonia Mathur, who appeared for the Centre, about the Attorney General’s letter to the Union Ministry of Home Affairs. The letter seeks the Centre’s input on setting up the expert panel and submitting its recommendations to the court.
Delay Expected Due to the Attorney General’s Unavailability
During the court session, Sonia Mathur also mentioned that the Attorney General was currently unavailable and traveling, suggesting that the hearing on the matter may need to be deferred. The Chief Justice responded by setting a fixed date for the hearing, two weeks later, on a Friday.
Background and Possible Alternatives
This development follows the Centre’s earlier communication to the top court, expressing its contemplation on establishing a committee of experts to examine the existing method of executing death row convicts through hanging. The Attorney General indicated that the finalization of names for the proposed panel was in progress, and he would respond to the issue after some time.
Petition to Replace Hanging with Less Painful Methods
The matter came into the limelight when lawyer Rishi Malhotra filed a Public Interest Litigation (PIL) in 2017, urging the abolition of the current practice of hanging death row convicts. The petitioner proposed alternative, less painful methods of execution, such as “intravenous lethal injection, shooting, electrocution, or gas chamber.” The PIL argued that the dignity of the convict is compromised during hanging, even in death.
International Comparison
The petitioner pointed out that several countries have already moved away from hanging as an execution method. Thirty-six states in the US have abandoned the practice, adopting alternative methods.
While the committee’s potential recommendations and their implications will be subject to further discussions and deliberations, the proposal marks an important step towards examining and potentially reforming the mode of execution for death row convicts in India. The court had previously emphasized the need for better data on the subject, and the proposed committee could shed light on more humane alternatives.
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